-If my wife dies before I do and I don't have any children or grandchildren, then my residuary
estate goes in equal shares to John Hancock and Patrick Henry if they survive me. If only one
survives me, then to that one surviving beneficiary. If John Hancock and Patrick Henry also
don’t survive me, then look to the law of North Carolina to see who is next in the statutory
pecking that would be used if I died intestate, that is, without a will.
EIGHTH: I authorize my personal representative, in addition to any rights
conferred by law and in the absolute discretion of my personal representative, and without the
consent of any court having jurisdiction over my estate, to disclaim or renounce, in whole or in
part or with respect to specific amounts, parts, fractional shares or assets, any legacy, devise, or
interest in or privilege or power over any trust or other disposition provided for my benefit under
the will or other instrument of any person at any time within nine months after the date of the
transfer (whether by reason of such person's death or otherwise) which created an interest in me.
Summary: My personal representative (gender neutral term for executor/executrix) can disclaim,
or reject, any gift that my estate may be getting from someone else.
Comment: Ordinarily, personal representatives should not disclaim gifts to the estate, but there
may be occasions where it is beneficial to do so. For example, let’s assume that the testator
herein, George Washington, died in a vehicle accident due to his negligent driving. That same
auto accident resulted in death or serious injury to passengers as well as occupants of the other
vehicle involved. Next, let us assume that George Washington’s rich old uncle dies, with a will
that gives George two million dollars. If George’s estate accepts that gift, it probably going to go
to pay the testator’s creditors, all those people that are suing the estate for injuries resulting from
the motor vehicle collision. Depending on all the facts and circumstances, the effect of George’s
estate disclaiming the gift may be that it goes to George’s children, free from any claim of
George’s estate creditors.
I authorize any person, in addition to any rights conferred by law, at any time within
nine months after my death, to disclaim or renounce, in whole or in part or with respect to specific
amounts, parts, fractional shares or assets, any devise, legacy, interest, right, privilege, or power
granted to that person by this will. Any such disclaimer or renunciation shall be made by a duly
acknowledged, irrevocable, written instrument executed by that person or by his or her conservator,
guardian, committee, attorney-in-fact, personal representative, executor, or administrator,
delivered to my personal representative and filed in accordance with any requirements of
applicable law.
Summary: Any person that I give a testamentary gift to is authorized to disclaim that gift. I’m not
forcing anyone to receive property from me that they don’t want.
If my wife shall disclaim or renounce all or any part of any bequest to her under
this will, or of any property passing to her outside this will, by operation of law, beneficiary
designation, or otherwise, I direct that such property shall be disposed of in accordance with the
provisions of Article NINTH hereof, recognizing that my wife, as an income beneficiary of the
trust created pursuant thereto, may be entitled to income therefrom.